By: Rodriguez S.B. No. 119
(In the Senate - Filed November 12, 2012; January 29, 2013,
read first time and referred to Committee on Education;
April 2, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 2, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 119 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to the operation of special student recovery programs by
certain school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 39, Education Code, is
amended by adding Section 39.117 to read as follows:
Sec. 39.117. SPECIAL STUDENT RECOVERY PROGRAM. (a) This
section applies only to a school district with a student enrollment
of at least 60,000 that is located in a county on the international
border with a population of 800,000 or more.
(b) The commissioner may require a school district to which
this section applies to operate a special student recovery program
if the commissioner has imposed a sanction under Section 39.102
based on a determination that the district has, for the purpose of
affecting the performance rating under Section 39.054 or former
Section 39.072 or a distinction designation under Section 39.202 or
39.203 of the district or a campus in the district:
(1) assigned a student to a grade level to which the
student would not otherwise be assigned, in violation of local
policy;
(2) retained a student at a grade level at which the
student would not otherwise be retained, in violation of local
policy;
(3) declined to admit to the schools of the district a
student with limited English proficiency who was eligible for
admission; or
(4) encouraged a student who was eligible for
admission to the district to enroll in another district or drop out
of school.
(c) The commissioner shall require a school district to
which this section applies to operate a special student recovery
program if the superintendent or assistant superintendent of the
district or a principal or assistant principal of a campus in the
district is convicted of or receives a grant of deferred
adjudication community supervision for an offense associated with
conduct described by Subsection (b).
(d) A special student recovery program must include:
(1) identification of students affected by conduct
described by Subsection (b), with an emphasis on identifying and
obtaining current addresses for students who dropped out of school
after the conduct;
(2) notification of students identified under
Subdivision (1) of the availability of educational services
provided through the program;
(3) provision of appropriate compensatory, intensive,
and accelerated instructional services for students identified
under Subdivision (1), including services designed to enable
students to obtain high school equivalency certificates under
Section 7.111; and
(4) for students identified under Subdivision (1) who
are at least 21 years of age and under 26 years of age, the offer of
admission to the schools of the district for the purpose of
completing the requirements for a high school diploma, as
authorized by Section 25.001.
(e) A student who is at least 21 years of age and is admitted
to the schools of the district under Subsection (d)(4) is subject to
the placement restrictions described by Section 25.001(b-2) if the
student has not attended school in the three preceding school
years.
(f) In addition to any other available funds, a school
district may use funds provided to the district under Section
42.152 to pay the costs of the program. Instructional services may
be provided to students identified under Subsection (d)(1) who are
under 26 years of age using funds provided under Section 42.152 or
other Foundation School Program funds, notwithstanding Section
42.003.
(g) This section requires a school district to provide
instructional services only to a student who is a resident of this
state and is eligible for admission to the schools of the district
under Section 25.001, including eligibility described by that
section for students who are under 26 years of age.
(h) The commissioner shall determine the duration of a
special student recovery program, provided that the program must
have a duration of at least two years. Before a program may be
concluded, the district must conduct a public hearing in the
community served by the school district to solicit comments from
students, parents, and other members of the community regarding
whether there is a continuing need for the program.
(i) The commissioner shall adopt rules necessary to
implement this section.
(j) This section expires September 1, 2018.
SECTION 2. Section 39.117, Education Code, as added by this
Act, authorizes or requires, as applicable, the commissioner of
education to require a school district to operate a special student
recovery program regardless of whether the district's conduct
giving rise to the commissioner's action occurred before or after
the effective date of this Act. The commissioner may waive
operation of a program if the conduct occurred at least 10 years
before the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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